CLA-2-61:OT:RR:NC:N3:353

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, Florida 33301

RE: The tariff classification of a headband from China.

Dear Mr. Crago:

In your letter dated August 20, 2008, you requested a classification ruling. The sample which you submitted is being returned as requested.

The submitted sample Item A011FA03269 is a headband made of knit 95 percent polyester/5 percent synthetic rubber fabric joined together by a metal clip. The item measures approximately 1cm in width and is used to hold the hair back.

The applicable subheading for Style A011FA03269 will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: headbands, ponytail holders and similar articles. The rate of duty will be 14.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at (646) 733-3053.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division